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Practical manual for Income Tax 2023.

For investment in habitual residence that is considered protected

Regulations: Art. 6 Revised Text of the legal provisions of the Principality of Asturias on taxes transferred by the State, approved by Legislative Decree 2/2014, of October 22

Amount and maximum limit of the deduction

  • 100% of the amount of actual expenditure paid during tax period for the acquisition or rehabilitation of a habitual residence that is considered protected in accordance with state or regional regulations on the matter.

  • Maximum limit: 5,000 euros, both in individual and joint taxation.

    Please note that the amounts paid for the construction of the home may be taken into account to determine the maximum amount of the deduction.

Deduction base

  • The basis for the deduction is the amounts invested during the year in the acquisition or rehabilitation of the home, including the amounts used to repay mortgage loans.

    In the case of external financing, the deduction will be applied as the principal is repaid, provided that all the requirements for applying the deduction are met. 

    Regional regulations also allow the interest paid to be considered as an expense for the period.

Requirements and other conditions for the application of the deduction

  • That the home has the protected rating in accordance with the state or regional regulations on the matter.

  • When two or more taxpayers are entitled to apply this deduction in respect of the same assets for the same tax period, the maximum amount of the deduction (5,000 euros) will be prorated among them in equal parts, applying the tax benefit only in the declaration of those who meet the conditions established to be beneficiaries of the same.

    To apply the apportionment, the number of taxpayers entitled to the deduction who choose to apply it must be taken into account, and the expense actually paid by each of them must be greater than the maximum amount (5,000 euros). Otherwise, the maximum limit of the deduction for the taxpayer whose expenditure is less than will be set at the amount of the actual expenditure in question.

  • The documentary accreditation of the expenses that generate the right to deduction must be carried out by means of an invoice or any other means of legal or economic traffic admitted by law .

Temporal scope of application of the deduction

In the event that the taxpayer does not have sufficient regional tax to apply the full deduction in the tax period in which the acquisition or rehabilitation expenditure is made, the amount not deducted may be applied in the following three tax periods until the full amount of the deduction is exhausted, where applicable, respecting the maximum limit of 5,000 euros set for this deduction.

The application of the amounts pending from previous years will be carried out after applying the deductions for the year to which the taxpayer is entitled.

Note: The amount generated in 2023 must be entered in box [0808] of Annex B.2 of the declaration and the amount to be applied in box [0886] , since as indicated, if the autonomous full quota is not sufficient to apply the total deduction, it may be applied in the following three tax periods.

Incompatibility

This deduction is incompatible with the deduction “For the acquisition or rehabilitation of habitual housing in municipalities at risk of depopulation” provided for in article 14 decies of the consolidated text.

Therefore, the same taxpayer will not be able to apply both deductions (this deduction "For investment in a habitual residence that is considered protected" and the deduction "For acquisition or rehabilitation of a habitual residence in municipalities at risk of depopulation") in his/her declaration, neither for the same residence nor for a different residence.